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MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No:152/2016/TT-BTC
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Hanoi, October
17, 2016
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CIRCULAR
MANAGEMENT
AND ALLOCATION OF SUBSIDIES TO BASIC TRAINING AND UNDER-03-MONTH TRAINING
COURSES
Pursuant to the Government’s Decree
No.60/2003/ND-CP dated June 06, 2003 detailing and guiding implementation of
the Law on State Budget;
Pursuant to the Decision No.46/2015/QD-TTg on
policies on support for basic training and short-term training courses dated
September 28, 2015 by the Prime Minister (hereinafter referred to as “Decision
No.46/2015/QD-TTg);
Pursuant to the Government's Decree No.
215/2013/ND-CP dated December 23, 2013 defining the functions, tasks,
entitlements and organizational structure of the Ministry of Finance;
Implement the Decision No 1600/QD-TTg dated
August 16, 2016 by the Prime Minister on approval for National Target Program
for New Rural Development for the period of 2016 – 2020;
Implement the Decision No.1100/QD-TTg dated June
21, 2016 by the Prime Minister on approval for implementation of the Plan for
Implementation of UN Convention on the Rights of persons with Disabilities;
At request of the Director of the Department of
Finance for administrative and public services;
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Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Circular specifies
regulations on management and allocation of subsidies for basic and
under-03-month training courses from public sector capital budget which is a
part of the State budget.
2. This Circular does not
apply to the following sources of finance:
a) Sponsorships, financial assistance and aids from
domestic and overseas entities, except where a sponsor or sponsor’s authorized
representative and the Ministry of Finance have yet to reach an agreement on allocation
of such sources of finance;
b) Training subsidies for manual workers who are
ethnics legally residing in the central highlands, mountainous area, severely
disadvantaged areas and work for state-owned single-member limited liability
companies specialized in agriculture, forestry and fisheries; Management Boards
of specialized forests and protective forests; cooperatives and enterprises not
owned by the State. Such training subsidies shall be managed and allocated in
accordance with Circular No.52/2013/TT-BTC dated May 03, 2013 by the Ministry
of Finance on guideline for assisting employees and organizations that hire
ethnics who reside in mountainous or severely-disadvantaged areas under the
Decision No.42/2012/QD-TTg dated October 08, 2012 by the Prime Minister and
replacement, supplement or adjustment documents (if any).
c) Subsidies for provision of training courses in
operation of steel ships and ships made of new materials whose total main
engine capacity of at least 400 CV, fishing techniques and food preservation by
applying new technology fisherman. Such subsidies shall be managed and
allocated in accordance with the Government's Decree No.67/2014/ND-CP on
fishery development policies dated July 07, 2014, Government's Decree No.
89/2015/ND-CP dated October 07, 2015 on amendment and supplement to a number of
Articles of the Government's Decree No.67/2014/ND-CP, Circular
No.117/2014/TT-BTC dated August 21, 2014 by the Ministry of Finance guiding a
number of Articles of the Decree No.67/2014/ND-CP and amended and supplemented
documents (if any);
Article 2. Subject of
application
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2. Entities participating in
management and allocation of public sector capital budgets from the State
budget for provision of basic and under-03-month training courses.
Article 3. Interpretation
For the purpose of this Circular, terms herein
shall be construed as follows:
1. Unemployed women refers to
a female worker who got a job in the past (whether or not under an employment
contract, exclusivity agreement or self-employed within the commune) but now
become unemployed and is seeking for a job, certified in the application for vocational
training by the People’s Committee of the commune.
2. Worker receiving a training
subsidy but becoming unemployed due to objective factors refers to a worker who
completed a subsidized training course and got a job which is relevant to
his/her major but now becomes unemployed. To be specific:
a) Workers who work for enterprises, organizations
or employers under the employment contracts or exclusivity agreements which
expired; or fulfilled their obligations to the employment contract or have the
employment contract or exclusivity agreement terminated due to technology
renovation, company acquisition, total/partial division, dissolution, Acts of
God, conflagration or other occurrences;
b) Workers who worked without employment contracts
for enterprises, organizations or employers and face redundancy due to
technology renovation, company acquisition, total/partial division,
dissolution, Acts of God, conflagration or other occurrences;
c) Self-employed workers in communes who no longer
keep their jobs due to changes in production lines, Acts of God, conflagration
or other events;
3. Actual school day on which
meals are subsidized refers to a school day when a trainee attends whole
classes as specified in the training schedule.
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1. People who are in the
working age (15-55 years of age for female and 15-60 years of age for male)
would like to take vocational training courses; in case of apprenticeship, apprentices
shall be at least 14 years old. The illiterate may join suitable training
courses by mentoring which suitable with their health status.
2. Trainees have feasible
self-employment plans certified by the People’s Committee of the commune or
employer or enter into exclusivity agreements with other parties.
3. For rural workers: Workers
who took up permanent residence in communes, wards or town directly work in
agriculture or those have their agricultural land withdrawn.
4. For the disabled: A disability
certificate or monthly allowance record is required.
5. For unemployed workers
a) For those working under employment contracts,
one of the following documents is required: a resignation/layoff decision, a
written notice of contract termination; expired /finished employment contract;
b) For those working without employment contracts:
A certificate of employment issued by the employer is required;
c) For self-employed workers: A business
registration certificate which remains valid or a certificate issued by the
People’s Committees of the commune in case of absence of the business
registration certificate is required.
6. For those receiving
training subsidy: in addition to the documents mentioned in clause 5 hereof, a
certificate of completion of the training course is required.
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Article 5. Sources of finance
It shall be funded from the central and local
government budgets, enterprises, organizations and individuals and other lawful
sources of finance.
1. Central government budget
a) The budget for National Target Program for New
Rural Development shall be allocated for basic training and under-03-month
training courses provided for rural workers and the disabled in urban areas
where the local government is unable to finance;
b) Basic training and under-03-month training
courses provided for urban women shall be funded from the regular budget of the
Vietnamese Women’s Association.
2. Local government budget
a) Local governments shall allocate their budget
for implementation of the assistance policies on basic training and
under-03-month training courses under the Decision No.46/2015/QD-TTg;
b) A local government that is unable to fully fund
basic training and under-03-month training courses shall proactively arrange
capital and cooperate with central governments to assist in implementing
assistance policies on basic training and under-03-month training courses under
the Decision No.46/2015/QD-TTg;
c) In addition to direct sources for finance as
mentioned above, local governments shall mobilize capital from regular training
budget or other projects within the locality to provide basic training and
under-03-month training courses for women, rural workers and the disabled.
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Article 6. Regulations on
subsidy estimation, management, allocation and settlement
1. For subsidies from regular
expenditure budget: the procedure for estimation, management, allocation and
settlement shall conform to the Law on the State budget and other guidance.
2. For subsidies from the
expenditure budget of the National Target Program for New Rural Development:
relevant regulations of the Law on the State Budget, Law on Public Investment
and regulations on management and implementation of the National Target Program
shall apply.
3. Entities directly allocated
funding for basic training and under-03-month training course shall effectively
manage and spend the funding in the right manner.
Chapter II
FORMS OF SUBSIDIES
Article 7.Elements of subsidies
and amount of subsidies
1. Training subsidies
a) Disabled persons stipulated in the Law on
Persons with Disability and its guidance: maximum 06 million dong/ person/
course;
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c) Ethnics, beneficiaries of preferential policies
for persons who contributed to the national revolution under the Ordinance on
preferential policies for persons who contributed to the national revolution,
those whose agricultural or commercial land is withdrawn and poor households by
the Prime Minister as prescribed in the Decision No.63/2015/QD-TTg, fishermen
and unemployed women: maximum 03 million dong/person/course;
d) For near poor households stipulated by the Prime
Minister: maximum 2.5 million dong/person/course;
dd) For women and rural workers other than those
specified in point a, b, c and d of this clause: maximum 02 million dong/person/course;
e) For those who concurrently fall into more than
one category in point a, b, c, d and dd of this clause, the highest subsidy
shall apply;
g) In addition to subjects specified in point a, b,
c, d and dd of this clause, People’s Committees of provinces should arrange and
mobilize lawful source of funds for other entities ( including members of poor
families according to poverty line of the province) who desire to take such
training courses according to the local government budget.
2. Meal and travel subsidies
a) Beneficiaries: Beneficiaries of preferential
policies for those who contributed to the national revolution, persons with
disabilities, ethnics, poor or near poor persons and those whose agricultural
or commercial land is withdrawn and unemployed women taking basic training and
under-03-month training courses;
b) Amount of meal subsidy: 30,000
dong/person/actual school day;
c) Amount of travel subsidy: 200,000
dong/person/course if the training location is at least 15 km distant from the
residence;
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d) In addition to these above-mentioned meal and
travel subsidies, regulatory authorities and training facilities, according to
the ability and reality, should mobilize other lawful source of funds for
trainees' meals and travel during the training courses.
3. Each trainee shall be
entitled to receive training subsidy from the State budget only once. Those who
had been granted a training subsidy under other State's regulations shall not
be offered any additional training subsidy under this Circular. In case a
worker who was granted a training subsidy but become unemployed due to
objective factors, the People’s Committee of the province shall consider giving
an additional training subsidy to no more than 03 persons at a time under
provisions hereof
Article 8. Forms of training
subsidies
1. For those who register
training courses at State's public service providers that are eligible for
provision of vocational training:
a) The training subsidy is provided under form of
assignment between the authority that is designated to implement the policy
(hereinafter referred to as “implementing authority”) and its affiliated public
training facility. Subsidies estimation, allocation and finalization shall be
conducted in accordance with the Law on the State budget and its guidance
documents;
b) The training subsidy is provided under form of
order placement between the implementing authority and public training
facilities other than its affiliates as stipulated in chapter III hereof.
2. In case the trainees
register training courses at non-public training facilities that are eligible
for vocational training: The training subsidy is provided under form of order
placement between the implementing authority and non-public training facilities
as stipulated in chapter III hereof;
For trainees who are the disabled, the implementing
shall enter into training contracts with training facilities or enterprises
that conduct schemes for vocational training and job search for the disabled
(by mentoring or learning-by-doing).
3. Training facilities or
enterprises shall take delivery of applications, verify admission conditions
and provide training courses; and reimburse all trainee’s expenses for
traveling and meals, according to the training budget for basic training and
under-03-month training courses, in accordance with Article 5 of the Decision
No.46/2015/QD-TTg or grant additional subsidies under decision of the local
government (if any) In case a trainee plays truant, quit or forcibly expelled
from a training facility, that training facility shall finalize training
subsidies according to the number of trainers and actual school days and
relieve direct costs such as costs of materials, travel (one-way) and meal
expenses
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REGULATIONS ON TRAINING
ORDER PLACEMENT
Article 9. Unit price for
training order
1. Training order shall be
placed under form of a training contract between order parties and training
facilities designated by the competent authority under current regulations on
order placement for public services funded by the State budget.
2. For training contracts
implemented by Ministries or central authorities: The unit price shall be set
by the Ministers, heads of ministerial-level agencies and other central
authorities (hereinafter referred to as “regulatory authority”) after the
Ministry of Finance gives written opinions and shall be determined according to
pricing, economic-technical norms prescribed in the current regulations issued
by the competent authority, starting date and duration of training course,
workload and quality. Where the regulatory authority providing training courses
whose training unit price has set, such unit price may apply.
3. For training contract
implemented by local governments: The Departments of Labor, War Invalids and
Social Affairs shall identify subjects wishing to take basic training and
under-03 month training courses to determine annual training quota and submit
it to the People’s Committee of the province for approval for training plan.
Training unit price for specific majors shall be determined according to the
national or local pricing, economic-technical norms (where the national norms
have yet to be introduced or it is deemed necessary to specify the national
norm) and the reality.
4. In case the pricing,
economic –technical norms have yet to be introduced for determination of
training unit price, the unit price for basic training and under-03-month
training courses by specific major shall be estimated in accordance with
Article 10 hereof.
5. For majors whose training unit
price is much greater than the maximum subsidy prescribed in clause 1 Article 7
hereof, the local government, training facility shall proactively allocate
local government budget, enterprises’ budgets and mobilize other lawful sources
of finance for such training courses.
Article 10. Estimation of
training unit price in case of absence of pricing, economic-technical norms
In order to estimate training unit price
economically and effectively, the following expenditures shall be taken into
due account:
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2. Costs of training
documents, office stationery, syllabus, etc.
3. Salaries paid to teachers
and trainers:
a) For tenured teachers working for training
facilities: the current pay rate and allowances paid to teachers, lecturers
shall apply;
b) For trainers who are engineers, technicians and
skilled workers of enterprises, industrial, forestry, fishery, agricultural
extension centers; and “nông dân sản xuất giỏi cấp huyện trở lên (skilled
farmers certified by district-level government or higher)”: the pay rate and
allowances for teachers, reporters who are officials of district-level
organizations or the equivalent under current regulations of laws shall apply;
c) For trainers who acquire doctor of science
degrees, doctor of philosophy degrees in agriculture or fisheries studies,
skilled artisans or craftsman at district level or higher: the pay rate for
teachers, lecturers who hold the titles of Deputy President of People's Council
of province, director or deputy director of Ministries, Rector or Deputy Rector
of Ministries, Director, deputy Directors of Departments and the equivalent;
Associate Professor, Doctor and principal teachers shall apply under the
current of laws
4. Travel allowances for
teachers, trainers, managers who frequently go on business trips to severely
disadvantaged areas for 15 days per month or more. The travel allowance shall
be equal to 0.2 times as much as the basic pay rate prescribed in point a clause
2 Section II of the Circular No.06/2005/TT-BNV dated January 05, 2005 by the
Ministry of Home Affairs providing guideline for traveling allowances for
officials.
5. Costs of materials, fuels
for training.
6. Rents for classrooms and
dedicated teaching equipment (if any).
7. Freight charges for
transport of teaching equipment.
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9. Revision to training
documents (if any).
10. Other expenses.
11. Costs of management which
are not exceeding 5% of the total budget, including business trips of managers,
inspection, investigation and assessment of training quality; office
stationery, postal services and others (if any).
Article 11. Training contract
advances
1. Amount of advances
a) The first advance shall be equal to 50% of the
contract value and shall be made immediately after the contract is signed.
b) The second advance shall apply to 03-month
training courses or longer that has taken place for at least 30% of the course
duration. The second advance shall be determined according to the actual value
and workload but the two advances shall not exceed 80% of the contract value
and that in the annual estimation approved by the competent authority
2. Concerning the second
advance, the training facility shall submit a written request for second
advance payment, decision on opening of the training course; curriculum and
training plan; a list of trainees who benefit from meal and travel subsidies
certified by the People’s Committee of the commune (if any) and contract
progress report.
Article 12. Finalization of
training contracts
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a) A contract performance report;
b) Decisions on graduation recognition and a list
of trainees obtaining the certificate of completion of training course;
c) A list of employed trainees after completion of
the training course: a list of trainees employed by enterprises; a list of
trainees entering into exclusivity agreements certified by enterprises; a list
of self-employed trainees certified by the people’s Committee of communes for
those establishing production groups, cooperatives, enterprises or those taking
up occupations which are relevant to their majors in the commune;
d) A consolidated financial statement concerning
expenditures for training courses;
dd) Documents related to training expenditures,
financial meal and travel subsidies certified with trainee’s signature for
collation (the training facility shall keep such documents in accordance with
current regulations).
2. Within 15 working days from
the date of receipt of full documents from the training facility under clause 1
of this Article, the ordering party shall consider accepting and finalizing
training contract and settle payables under the acceptance and finalization
record.
Chapter IV
IMPLEMENTATION
Article 13. Implementation
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Elements and amount of subsidies for basic training
courses and under-03 month training courses stipulated in the Decision No.46/2015/QD-TTg
shall apply from January 01, 2016.
2. This Circular replaces
relevant provisions of subsidies for basic and under-03 month training courses
stipulated in clauses 2, 3 and 5 Article 5 and point 7.1 and 7.2 clause 7
Article 6 of the Joint-Circular No.112/2010/TTLT-BTC-BLDTBXH dated July 30,
2010 by the Ministry of Finance and Ministry of Labor, War Invalids and Social
Affairs providing guideline for management and allocation of subsidies for
project for vocational training for rural labor force by 2020 under the
Decision No.1956/QD-TTg dated November 27, 2009 by the Prime Minister; point
3.2, clause 3 Article 4 of the Joint-Circular No.48/2013/TTLT-BTC-BLDTBXH dated
April 26, 2013 by the Ministry of Finance and Ministry of Labor, War Invalids
and Social Affairs on management and allocation of subsidies for the disability
assistance project in period of 2012-2020.
Any issue arising in connection to implementation
of this Circular should be promptly reported to the Ministry of Finance. /.
PP. MINISTER
DEPUTY MINISTER
Huynh Quang Hai